Just Testing Ideas
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|Perhaps this post is taking the discussion off track a bit, but I just can’t remain quiet when Texas Defender asserts that secession was legal. He and I have had a discussion about the legality of secession before in another post. I remain unconvinced by his arguments – they defy logic. He cites an 1869 decision, The US vs. Texas I believe, to say that secession was legal until the Supreme Court decided it was not – in this case 1869. In fact, this decision established that the state of Texas was still a state in the union, even after it seceded in 1861. The 1869 decision determined that secession simply did not occur. Further, It is not possible to have a working democracy if one group can secede at will, for example if the decisions made in that democracy are not to their liking. Finally, in all partnerships there is an expectation that the partnership’s dissolution must be subject to laws or if there are no applicable laws, negotiation. Nowhere in our legal system can one party make unilateral decisions about a partnership. Southerners knew that that secession was of dubious legality, and instead of pursing a legal/political war, they opted for a physical war. A very bad choice.